Excerpt from Reports of Cases Argued and Determined in the English Courts of Common Law, Vol. 73: With Tables of the Cases and Principal Matters Jervis, C. J. - I am Of opinion that the decision of the revising barrister in this case must be reversed. There is no doubt that a glut tide-waiter is within the mischief intended to be provided against by this act of parliament; for, he is directly under the influence of those who appoint him. That, however, would not be suflicient to disqualify him, unless the Ofice ...
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Excerpt from Reports of Cases Argued and Determined in the English Courts of Common Law, Vol. 73: With Tables of the Cases and Principal Matters Jervis, C. J. - I am Of opinion that the decision of the revising barrister in this case must be reversed. There is no doubt that a glut tide-waiter is within the mischief intended to be provided against by this act of parliament; for, he is directly under the influence of those who appoint him. That, however, would not be suflicient to disqualify him, unless the Ofice held by him comes within the words of the act. But I think that the facts stated in this case show that Hood is an emeer or person concerned or employed in the charging, collecting, levying, or managing the customs, within the meaning Of the act. A regular tide-waiter, it seems, is more frequently employed than an extra or glut tide-waiter. But, in what other respect does the employ ment of the latter differ from that of the former? It appears from the case, that the collector of customs is empowered, by a general authority from the board of customs, to keep a list of persons who are to be ready to act as occasional or extra tide-waiters, whenever the business of that department may be in excess; that, when appointed and placed upon that list, they are liable to be called upon to act as 'tide-waiters whenever there may be occasion for their services, being paid for such services by the job; and that extra tide-waiters make, once for all, the same declaration of office that is made by all other emeers of the customs on their appointment, and that, when once placed upon the list, they remain there until they resign, or decline to act when called upon, or are discharged for misconduct. These extra tide-waiters, therefore, are bound to be ready to act whenever called upon. The position of the tide-waiter, thus, differs from that of the glut tide-waiter in this respect only, viz. That his employment is more constant, and his pay regular. For these reasons, I am Of opinion that the case is within the letter as well as within the mischief of the act. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at ... This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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All Editions of Reports of Cases Argued and Determined in the English Courts of Common Law, with Tables of the Cases Argued and Cited, and the Principal Matters, Vol. 79: Containing the Cases Determined in Easter Term, Trinity Term and Vacation, and Michaelmas Term and V